Family Unity as a Positive Immigration Factor
Family unity is a significant factor in the discretionary analysis for adjustment of status. With recent changes to USCIS policy, applicants and their lawyers must spend additional time strengthening the justifications for an immigration benefit, otherwise a green card could be out of reach.
Because family unity is a central consideration, we encourage anyone seeking an adjustment of status to call The Law Office of Jason M. Sullivan, PLLC. We have substantial experience with discretionary adjustment of status. We know how immigration officials analyze evidence related to family unity, and we want to present a solid case.
What Family Unity Means for Your Case
U.S. Citizenship and Immigration Services will likely consider family unity as part of a discretionary analysis about whether to offer you lawful permanent residence. Often, the focus is on whether you can preserve a family unit here in the U.S. by granting an immigration benefit.
For example, suppose that you are married to a U.S. citizen and raising a child who was born in the U.S. The child is a citizen and will stay in the country with their parent who is also a citizen.
Since stability is critical to a child’s health, the applicant might emphasize that they have a U.S. citizen as a minor child. Without lawful permanent residence, you will be forced to leave your child. By granting the applicant a green card, the government is promoting family stability and preserving its unity.
Proving Familial Relationship
Applicants and their legal teams must do more than simply assert that a green card will preserve the family unit. We also need to prove the relationship, relying on:
- Birth certificates
- Marriage certificates
- Proof of a shared residence
- Affidavits from other family members
For example, a man might have fathered a child with an American citizen. However, that fact alone does not show the man is involved in the child’s life. He could be an absent parent or not even aware he is a father.
USCIS will be less concerned about preserving a family unit when the applicant is not part of the day-to-day family or does not have substantial parental responsibilities. The burden is on the foreign national to establish the parental relationship.
Contact our office for an immigration case review. We can identify which evidence is most useful. For example, we often lean on affidavits from family members, friends, teachers, and other community members to show the familial relationship.
Speak with an Adjustment of Status Lawyer
At The Law Office of Jason M. Sullivan, we do more than clean up immigration messes. Our proactive approach to all immigration matters speeds up the process and minimizes the risk of a denial up front.
With careful planning, our clients put their best foot forward when seeking an immigration benefit, including adjustment of status. Call The Law Office of Jason M. Sullivan, PLLC today to speak with a Portsmouth, New Hampshire or Miami, Florida immigration lawyer. We can begin building your case and securing the high-quality evidence you need.